PLAZA v. GEN. ASSURANCE CO.


244 A.D.2d 238 (1997)

664 N.Y.S.2d 444

Jose M. Plaza, Appellant, v. General Assurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 20, 1997


The subject policy's exclusion of coverage for bodily injury arising out of the transmission of a "communicable disease" by an insured is neither ambiguous nor unduly broad, and thus defendant insurer had no duty to defend and indemnify plaintiff's action for personal injuries sustained as a result of the transmission of the HIV infection to him by the insured. The fact that the Public Health Law excludes AIDS, HIV infection, and HIV disease from its list of communicable...

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